Master Plumbers' and Mechanical Services Association of Australia, the

[2014] FWCD 17

[2014] FWCD 17

DECISION

Fair Work (Registered Organisations) Act 2009

s.159—Alteration of other rules of organisation

The Master Plumbers' and Mechanical Services Association of Australia

(R2013/76)

MR ENRIGHT	MELBOURNE, 2 JANUARY 2014
Alteration of other rules of organisation.

[1] On 6 June 2013 The Master Plumbers' and Mechanical Services Association of Australia lodged with the Fair Work Commission a notice and declaration setting out particulars of alterations to the rules of the organisation.

[2] The particulars provide for the insertion of new rules 49 through to 54 into the rules of the organisation. The alterations were made, among other things, for the purpose of complying with provisions of the Fair Work (Registered Organisations) Amendment Act 2012 (the Amendment Act) regarding the rules of registered organisations. In particular, the alterations provide for specified disclosures, the implementation of policies relating to expenditure and the mandatory training of officers with duties that relate to the financial management of the organisation.

[3] The particulars also set out alterations to rules 45(2) and 48(4)(d) which were made for the purposes of updating references to legislation and correcting a typographical error.

[4] On the information contained in the notice, I am satisfied the alterations have been made under the rules of the organisation.

[5] The rules largely incorporate the requirements of the Amendment Act. However, for the following reasons, I believe the rules will not meet all of the requirements of the Fair

Work (Registered Organisations) Act 2009 (the RO Act).

[6] Section 148A(1)(a)(ii) of the RO Act mandates that the rules of an organisation must require the disclosure, by each officer of the organisation, to the organisation of any remuneration paid to the officer because the officer is a member of a Board, if the officer was nominated for the position of member of the Board by, among others, a peak council. As sub rule 51(1)(a)(ii) omits a reference to peak council, the rule does not meet all of the requirements of section 148A(1)(a)(ii).

[7] Notwithstanding this omission, the substance of the rule alterations does comply with the statutory requirements. Although further alterations are needed this does not prevent the certification of the alterations that have been made. However, the omission of the reference to peak council will need to be amended by the organisation as expeditiously as possible in order to ensure full compliance with the provisions of the RO Act.

[2014] FWCD 17

[8] Further, I note that the rulebook issued on 14 August 2012, in relation to application R2012/84, contained a typographical error. Sub rule 16A(3) states ‘nil Divisions’ however it should state ‘all Divisions’. As the current rules are not the true rules of the organisation it is my right and duty to set the record straight.i Consequently sub rule 16A(3) has been corrected

to read ‘all Divisions’.

[9] In my opinion, the alterations comply with and are not contrary to the RO Act, the Amendment Act, the Fair Work Act 2009, modern awards and enterprise agreements, and are not otherwise contrary to law. I certify accordingly under subsection 159(1) of the RO Act.

DELEGATE OF THE GENERAL MANAGER

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i Re Vehicle Builders Employees Federation of Australia (Vic Branch); Ex parte Allen 24 FLR 483.